Fee & Stemwedel, Inc
Volume 29 · 29 F.T.C. 257
deceptive advertisingproduct labeling
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Fee & Stemwedel, Inc, 29 F.T.C. 257 (1939). Consumer Law Library, https://consumerlawlibrary.org/decisions/v029-0024
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Cited by 0 later FTC decisions
Cites
- 28 F.T.C. 1536 — CENTURY METALCRAFT CORPORATION cited_neutral
Text (OCR of the scan at left; may contain errors)
IN THE :MATTER OF FEE & STEMWEDEL, INC.
1\IODIFYING CEASE AND DESIST ORDER Docket 3202. Order, July 6, 19.19 Order modU'ying, on motion of counsel for respondent, cease and desist order against said respondent in Docket 3202, on May 2, 1939, 28 F. T. C. 1536, PI"Ohibiting certain misrepresentations in connection with manufacture, assembling, sale, and distribution of certain barometer models and com· bination models of thermometer, hygrometer, and barometer, as hereinbelow set forth.
Before ]Jfr. Arthur F. Thomas and Mr. John W. Addison, trial (l:Xaminers.
Mr. Joseph 0. Fehr for the Commission.
Whom & O'Brien, of Chicago, Ill., for respondent. MODIFIED ORDER TO CEASE AND DESIST This matter having been heard by the Federal Trade Commission llpon the motion of Frank T. O'Brien, attorney for the respondent, to modify the order to cease and desist issued in this proceeding on May 2, 1939, and the Commission having considered said motion and the record and being now fully advised in the premises: It is ordered, That the order to cease and desist issued herein on May 2, 1939, be modified so as to read as follows: This proceeding having been heard by the Federal Trade Com- Dlission upon the complaint of the Commission, the answer of respondent, testimony and other evidence taken before Arthur F. 1'homas and John ,V. Addison, examiners of the Commission theretofore duly designated by it, in support of the allegations of said complaint and in opposition thereto, briefs filed herein, and oral arguments by Joseph C. Fehr, counsel for the Commission, and by Frank T. O'Brien, counsel for the respondent, and the Commission having made its findings as to the facts and its conclusion that said respondent has violated the provisions of the Federal Trade Com- Diission Act.
It is ordered, That the respondent, Fee & Stemwedel, Inc., its officers, l-1 representatives, agents, and employees, directly or through any cor- Porate or other device, in connection with the offering for sale, sale and distribution of barometers having movements or mechanisms of foreign origin, or manufacture whether sold as single instruments or as part of combination instruments, in commerce, as "commerce" Order 29F.T.C.
is defined in the Federal Trade Commission Act, do forthwith cease and desist from :
1. Representing, by use of the term "Made in U. S. A.," or any other term indicative of American manufacture, that such barometers are wholly of American manufacture.
2. Causing the brands or marks on imported barometer movements or other parts, or on other similar products, which indicate the foreign origin or manufacture thereof to be removed, erased, or concealed so as to mislead or deceive ultimate purchasers with reference to the foreign origin or manufacture thereof, unless the removal or erasure or concealment of said brands or marks is necessary to the :further manufacture or processing of said products. 1 3. Representing, by the use of the term "Made.by," or any other term of similar import or meaning, or in any other manner, that it is the manufacturer of said barometers, or is other than the assembler thereof, until and unless it actually manufactures such barometers and the movements or mechanisms thereof.
It is further ordered, That the respondent shall, within 60 days after service upon it of this order, file with the Commission a report in writing setting forth in detail the manner and :form in which it has complied with this order.
lj ,, II SILVER 1\IANUFACTURING CO., ETC. 259 Syllabus